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S 10078

Grants retroactive tier V membership in the New York state and local employees' retirement system to Marca McClenon

2025 Regular Session Introduced by Pete Harckham

Grants Marca McClenon retroactive Tier V NYSLRS membership to March 26, 2012 if she files an application within one year of enactment.

REFERRED TO CIVIL SERVICE AND PENSIONS
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Bill Summary · S 10078

Bill Summary: S. 10078 (2025-2026) – New York NYS& Local Employees’ Retirement System

Overview

  • Title: An Act in relation to granting retroactive Tier V membership in the New York State and Local Employees’ Retirement System (NYSLERS) to Marca McClenon
  • Jurisdiction: New York
  • Session: 2025-2026
  • Introduced by: Sen. Harckham; co-sponsored by Sen. Pete Harckham
  • Committee: Civil Service and Pensions
  • Date Introduced / Status: Referred to Civil Service and Pensions on April 27, 2026

Purpose and Intent

  • To grant retroactive Tier V membership in NYSLERS to Marca McClenon, who was a part-time employee at the Yorktown library starting March 26, 2012 and became eligible for NYSLERS on that date but did not enroll due to no fault of her own.
  • The bill seeks to restore eligibility and membership status retroactively, effective March 26, 2012, if McClenon files an application within one year of the act’s effective date.

Key Provisions

  1. Retroactive Membership Eligibility (Section 1)

    • Treat Marca McClenon as if her NYSLERS membership date was March 26, 2012.
    • Condition: McClenon must file an application with the New York State Comptroller within one year of the act’s effective date.
    • Result: Upon filing, McClenon is granted Tier V status and all associated rights and benefits of Tier V membership.

  2. Costs and Contributions (Section 2)

    • All past service costs to implement the act’s provisions are the responsibility of the Yorktown library.
    • There shall be no refund of member contributions to Marca McClenon.

  3. Effective Date (Section 3)

    • The act takes effect immediately upon enactment.

Fiscal Impact (As Reported in the Fiscal Note)

  • Membership Tier Change: McClenon’s status would shift from Tier VI to Tier V retroactively by changing her membership date to March 26, 2012.
  • Costs to Yorktown Library:
    • A one-time immediate past service cost of $28,600 expected to be paid by the Town of Yorktown (assumed payment on February 1, 2027).
    • Ongoing annual employer contributions by Yorktown are estimated to increase by $4,600 starting Fiscal Year End (FYE) 2027, with annual amounts varying based on McClenon’s salary and future changes in billing rates.

  • No Refunds: Member contributions previously made by McClenon would not be refunded.

  • Data and Assumptions: Fiscal note uses membership data through March 31, 2025; references standard NYSLRS actuarial methods and assumptions; contingent on actual payroll, rates, and service credits.

Who is Affected

  • Direct Beneficiary: Marca McClenon (Yorktown library part-time employee), who would receive Tier V NYSLRS benefits retroactively.
  • Employer Burden: Town of Yorktown (Yorktown library), which would incur the immediate past service cost and higher annual employer contributions.
  • System-wide Implications: The bill sets a precedent for retroactive Tier changes tied to an individual’s late enrollment due to circumstances beyond her control; however, it applies specifically to this case with a one-year window for filing.

Procedural and Timeline Notes

  • Application Window: Must file with the State Comptroller within one year of the act’s effective date. If filed within that window, Tier V status and eligible rights would be granted retroactively to March 26, 2012.
  • Effective Date: Immediate upon enactment (per Section 3).

If you’d like, I can provide a plain-language plain-English version for non-technical readers or compare this bill to existing NYSLRS retroactive eligibility practices.

Compiled from official sources — confirm details with the bill’s official record.

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